KOTHANAYAGI Vs. B. ANAND

JUDGEMENT

(1.) THESE two appeals arise out of the common order dated 11.08.2014 passed on I.A. Nos. 1 & 2 filed by the plaintiff -respondent herein seeking temporary injunction.

(2.) I .A. No. 1 was filed seeking temporary injunction against the defendant not to alienate the suit schedule property. I.A. No. 2 was filed seeking a restraint order against the defendant not to alter or change the character and nature of the suit schedule property pending disposal of the suit. Both the applications have been allowed. Aggrieved by the same, defendant has preferred these two appeals.

(3.) PLAINTIFF - respondent herein has instituted the suit O.S. No. 5416/2014 seeking specific performance of the Agreement of Sale dated 27.03.2014. The subject matter of the agreement is a site measuring 40' X 60' bearing No. 410, situated at 4th Block, 9th Phase, J.P. Nagar, Bengaluru. The total sale consideration agreed is Rs. 67,20,000/ -. A sum of Rs. 5,00,000/ - has been paid as advance. Remaining amount has been agreed to be paid within 60 days from the date of the agreement. 60 days expired on 25.05.2014. Plaintiff claims to have issued notice to the defendant calling upon her to execute the Sale Deed by receiving the balance sale consideration. He claims to have enclosed a draft of the Sale Deed for approval of the defendant. This notice was replied by the defendant on 27.06.2014 contending inter alia that the plaintiff had not adhered to the time schedule prescribed for payment of balance consideration and getting the Sale Deed registered. Defendant also denied having received the draft Sale Deed. Therefore, the claim of the plaintiff was denied. Thereafter, plaintiff has instituted the suit.